Failure to Prevent Fraud: How to Mitigate the Risk of Corporate Criminal Liability in Scotland

Introduction

From 1 September 2025, organisations in Scotland can be liable under the Economic Crime and Corporate Transparency Act 2023 (‘ECCTA’) for failing to prevent fraud by persons associated with their business, including employees, agents and subsidiaries.

In this webinar you will learn about what the new offence means for businesses and your clients in Scotland, the relevant defences available and what actions you need to take now to identify and mitigate the relevant fraud risks.

The webinar will include real-life case studies that will provide insight into how the offence works in practice under Scottish law principles, as well as practical tips to ensure compliance with Scottish law and how to respond to suspected fraud within your organisation or supply chains.

This session is targeted at professional services providers and businesses operating in Scotland only.

What You Will Learn

This short webinar will cover the following:

• What conduct is covered by ECCTA and what is meant by ‘fraud’ under Scottish law
• Examples of relevant fraud offences
• What is meant by ‘failure to prevent fraud’ and how will the new offence operate?
• What organisations will be within the scope of the offence
• How the offence will apply to the conduct of subsidiaries, including overseas subsidiaries
• The defences available to the failure to prevent fraud offence
• Why compliance is important
• The fraud prevention procedures that need to be put in place to mitigate the risk of non-compliance
• How to respond to suspected fraud within your organisation or supply chains

This pre-recorded webinar will be available to view from Tuesday 28th October 2025

Alternatively, you can gain access to this webinar and 1,900+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.